The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-06-09
BEGINNING OF A CONTEST
Carson Demands Possession of His Office
but Harrison Refuses to Yield.
State Auditor Carr Refuses to Issue Warrants
for Money on Harrison's Order-Supt.
Fletcher Likely To Be Deposed To-Day.


The trustees of the Deaf and Dumb Institute
held their monthly meeting yesterday. 1t was
the first opportunity Joseph l. Carson. ap-
pointed by the Governor to succeed DR.. Harrison
president Of the State benevolent board had
to make a formal demand for the Office. He
was there, accompanied by his attorney, L. ].
Hackney, of Shelbyville. Before any proceed
ings were taken Carson and DIR. Harrison, with
Attorney Hackney, had private consultation.
When they returned to the board room DR.. Har
rison called the meeting to order and thereupon
Carson demanded that he should exercise
the duties of the presidency. The Doctor
refused, and then Carson stated that he would
seek to have his rights recognized by the courts.
Harrison was willing and to further promote an
amicable arrangement to that end Carson,
through his attorney, proposed that agreed
statement of facts should be submitted. Harri-
SON did not know what he would do in that re-
spect. The probabilities are that be will not
consent to anything of the kind. Although the
affair passed off without excitement. DR.. Harri-
SON was in a mood to break forth at the least
show on Carson's part to pursue anything but .
conciliatory course. The understanding that
Harrison would not surrender the Office without
impressed on Carson. The latter made no effort
to assert his claim at that time. and
soon retired, and Harrison presided and
signed the vouchers that the board al
lowed This was the only business transacted.
After the meeting, Treasurer Chambers went
to the Auditor of States office to have warrants
for the vouchers drawn on the treasury. Mr..
Carr not there but his deputy, John w.
Coons, said that he would not draw the warrants
on vouchers signed by DIR. Harrison. He could
not recognize him as president of the benevo-
lent boards. But" continued Mr.. Coons, Il am
only subordinate. The Auditor is not here,
and the matter had better be deferred until he
returns" Treasurer Chambers tried to persuade
the deputy from this course. but Mr. Coons
manned firm, and il is very probable that the
Deaf and Dumb Institute will be without funds
until the suit for possession of the Office is de-
cided.
Carson will at once begin quo warranto pro-
ceedings against Harrison In Boone county.
Considering what was expected of Carson and
flack, the proceedings yesterday are suggestive
AT one time they agreed to follow legal advice
that had been given to secure as many of the
books and papers of the Office would sup
port them in organizing the board without
Harrison and Gapen. This contemplated some
thing in nature OF seizure, and, had it been car
ried out, Harrison and Gapen must necessarily
have been compelled to bring suit for recovery
1t was assumed that possession would have Civ
en- Carson and Flack advantage, especially
as in that event the Auditor of State was ready
to pay money to the institution on vouchers
signed by Carson.
Before the trustees of the Deaf and Dumb In
stitute met, Carson had long talk with the
Governor. 1t is conjectured that the Governor
advised him to do as he did, as the other course
would if Harrison and Gapen should win in liti-
cation, seriously complicate matters and reflect
both on the Governor and Carson. If the latter
had a certainty of winning his suit, it would be
all right but the doubt was too strong to admit
of possession gained by Carson and Flack step
ping in without formal demand for the offices to
which they had been aupointed. 1t is believed.
before the appointees to prevent them from DO
ing anything to increase the bitterness OF fac
tional spirit. However, DR.. Harrison has enough
of that to keep dozen parties in hot water.
While he does not say much that Is profitable to
print. it is told by his intimate friends that he
is very much in the fever that Gapen suffers.
He complains aud swears by turns. but in either
instance concludes with the threat to fight to
the last.
The Governor asked the Attorney general
yesterday to represent Carson and Flack in the
courts While the former goes TO Boone county
with his quo wsTranto demand. the latter will
bring his suit in the Marion County Circuit Court.
If Harrison and Gapen are successful the Attor
ney general will then proceed against them
under the Brown bill to have their Offices for
feited.
DR. FIetcher's four years term as superin tendent
of the Insane Hospital expired on Tuesday. To
day the trustees of the hospital are to have meet
ing at which it is thought effort will be made
to elect his successor. What twill amount to can
not be foreshado except that Gapen is ready to
vote for any candidate but DIR. Fletcher, while
Mr.. Burrell is inclined to favor DR.. T. S. Gal
braith. of Seymour Galbraith s a candidate,
but it is not certain that Gapen will vote for
him. He has candidate of his own, but
fuses to name him. although he says he has no
favorite. DR.. Harrison is not worrying about
this phase of the boards interests. He says
that his own case is enough to have on hand.
DR.. Galbraith is in the city, and yesterday had
frequent consultations with Burrell.
DR. Fletcher anticipated action of this kind,
ana few weeks ago asked the Attorney general:
I'm case the board refuses to elect anyone. am
left at their option indefntely2" He referred.
in the request, to Secs. 1889 and 2774, in which
there appears n conflict as to the powers of the
board in elec:ing superintendent Sec. 2774
relates to the election of superintsndents of the
benevolent institutions in general, while 1888 is
in regard to the superintendency of the Insane
Hospital. The Attorney general held that Sec
2S39 is part of act that went into
force May 6. 1853, while 2774 is part
of an act that became operative March 6. 1879
BY this act the whole law regarding the penevo-
lent institutions was changed. It takes away the
definite tenure of the office Of superintendent,
and leaves it dependent upon the constitutional
provision that where the duratio1 cf Office is
not declared by law. it shall be held during the
pleasure of the appointing power 1t is also his
opinion that the act of 1879 repealed that of 1853
hence the board OF trustees cannot elect a super
lntendent when it pleases But the cloud under
which the title of the trustees rests may prevent
election.
Death from LoOk-Jaw.
Id TAnk- -